OFFICIAL PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota February 18, 2002

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1 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota February 18, 2002 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Monday, February 18, 2002 at 7:00 P.M. Mayor Jerry Munson, Finance Officer James Preston, and the following Alderpersons were present: Alan Hanks, Babe Steinburg, Tom Murphy, Bill Waugh, Martha Rodriguez, Ron Kroeger, Ray Hadley, Rick Kriebel and Mel Dreyer; the following arrived during the course of the meeting: None; and the following were absent: Tom Johnson. Motion was made by Hanks, seconded by Dreyer and carried to approve the minutes of February 4, Bid Openings The following bids for Water Metering & Backflow Prevention of Irrigation Systems Project W were opened on February 14, 2002: 1) Mainline Contracting (bond submitted) $62, ) Shovelhead Excavating (bond submitted) $53, ) Action Mechanical (bond submitted) $93, ) Hills Materials Company (bond submitted) $51, Staff has reviewed the bids and recommends award to Hills Materials Company. Motion was made by Steinburg, seconded by Hadley and carried to award the bid for W to Hills Materials Company, the lowest responsible bidder meeting specifications, based on their low unit prices bid, for a total contract amount of $51, The following bids for Knollwood Metering Dam Maintenance Project DR were opened on February 14, 2002: 1) Patino Construction Services (check submitted) $ 62, ) Shovelhead Excavating (bond submitted) $ 93, ) Site Work Specialists (bond submitted) $125, ) Rapid Construction Company (bond submitted) $ 84, ) Black Hills Excavating (check submitted) $ 95, ) RCS Construction (bond submitted) $ 62, ) Mainline Contracting (bond submitted) $ 97, ) Hills Materials Company (bond submitted) $ 88, ) Quinn Construction (bond submitted) $ 76, Motion was made by Hanks, seconded by Rodriguez and carried to refer these bids to the Public Works Committee for review and recommendation. The following bids for Fifth Street PCC Panel Repair Phase 2 Project STCM were opened at 2:00: 1) Heavy Constructors (bond submitted) $270, ) JV Bailey Company (bond submitted) $248, ) Stanley Johnsen Concrete (bond submitted) $258, ) Shovelhead Excavating (bond submitted) $219, ) RCS Construction (bond submitted) $294, ) Simon Contractors (bond submitted) $261,138.60

2 Motion was made by Hanks, seconded by Rodriguez and carried to refer these bids to the Public Works Committee for review and recommendation. The following bids for One New Current Model Year High Capacity 4-Wheel Drive Rotary Mower for Parks Division were opened at 2:30: 1) Midwest Turf & Irrigation (bond submitted) $40, Alt. Bid With Trade-In $36, ) North Star Turf (bond submitted) $40, Alt. Bid With Trade-In $33, Motion was made by Hanks, seconded by Rodriguez and carried to refer these bids to the Public Works Committee for review and recommendation. The following bids for One New Current Model Year Compact 4-Wheel Drive Skid Steer Loader for Parks Division were opened at 2:30: 1) Butler Machinery (bond submitted) $25, Alt. Bid (powered trencher) $29, ) JD Evans (bond submitted) $18, Alt. Bid (powered trencher) $21, ) Bierschbach Equipment (bond submitted) $20, Alt. Bid (powered trencher) $23, ) RDO Equipment (check submitted) $21, Alt. Bid (powered trencher) $ 3, ) Jenner Equipment Company (check submitted) $16, Alt. Bid (powered trencher) $18, Staff has reviewed the bids and recommends award to Jenner Equipment. Motion was made by Hanks, seconded by Hadley and carried to award the bid for the skid steer loader to Jenner Equipment Company, the lowest responsible bidder meeting specifications, based on their low unit prices bid, for a total contract amount of $18,330. Mayor s Items Mayor Munson presented the Veteran of the Month Award to George Knapp and commended him for outstanding service to the country. Munson also presented Certificates of Appreciation to James Rippe and Steve Beshara acknowledging their 25 years of service to the community. Special Items and Items from Visitors Jim Albers asked the Council what can be done to delay or prohibit the County from using the building on Adams Street as an adult work release facility. City Attorney Altman explained that he intends to address this issue in an executive session at the end of the meeting. Motion was made by Waugh, seconded by Rodriguez and carried to move Item No. 74 to the front of the Agenda. The Mayor presented No. 01UR055, a request by Remodel King for Daniel M. Tackett for a Use On Review to allow a private residential garage in excess of 1000 square feet on the unplatted part of the NW1/4 SE1/4 NW1/4 of Section 14, T1N, R7E, 2

3 BHM, Rapid City, Pennington County, South Dakota, located at 3751 Skyline Drive. Motion was made by Hanks and seconded by Steinburg to continue this hearing until March 4, Hanks abstained from discussion or voting on this item. Mr. Tackett explained that there are two issues he would like to address with the Council. First, his property is served by a privacy gate that was put in for security purposes. As a result of the permit request for a garage, he has found out that part of the gate is located in an easement on Skyline Drive. The gate was installed before the property was annexed into the city limits. The Planning Department has required that this gate be moved prior to a building permit being issued. The second issue is the request to have a restroom in the garage because of the work space that will be utilized there. Planning Director Elkins explained that it has been the policy of the City Council not to allow water or sewer to an over-size garage structure. The concern is that the living space could be converted to a commercial business or a separate residence. Elkins suggested that Mr. Tackett file a covenant that will run with the property that would exclude the use of this structure as a separate residence or for a business. Tackett stated that he would be more than willing to sign the proper documents concerning these issues. Substitute motion was made by Dreyer, seconded by Rodriguez and carried to approve the requested Use on Review, with the following stipulations: 1) Prior to City Council approval, a revised site plan shall be submitted identifying the location of the on-site septic system; 2) Prior to issuance of a Certificate of Completion, the applicant shall either remove the entry gate or the gate shall be re-located outside of the right of way; 3) Prior to City Council approval, a wildland fire mitigation plan shall be submitted for review and approval; 4) Prior to issuance of a Certificate of Completion, the wildland fire mitigation plan shall be implemented; 5) The first fifty feet of the driveway shall be paved and the remainder of the driveway shall be continually maintained with a minimum 20 foot wide all weather surface; 6) Prior to any construction, the applicant shall obtain a Building Permit and prior to occupancy, the applicant shall obtain a Certificate of Completion; 7) That the garage shall be constructed of the same materials and maintained with the same colors as the existing residence; 8) Prior to issuance of a Building Permit, the applicant shall file a notice with the Pennington County Register of Deeds Office indicating that the garage shall be used only for residential purposes; and 9) that the petitioner enter into a covenant regarding removal of the gate when necessary (at his cost); and noting that the over-sized garage structure cannot be used as a separate residence or for a commercial business. Alcoholic Beverage License Applications Motion was made by Hadley, seconded by Waugh and carried to continue the hearing until March 4, 3003 on the application submitted by Kelly s Sports Lounge, Inc. dba Kelly s Sports Lounge, 825 Jackson Boulevard, for an On-Off Sale Malt Beverage License Transfer (from Gold Rush Casino). Motion was made by Hadley, seconded by Waugh and carried to acknowledge the petitioner s withdrawal of the application submitted by Richard B. Proell dba Dick s Bar & Grill, 615 Main Street, for an On-Sale Liquor License Transfer and Sunday Opening (from Alex Johnson Hotel-Jefferson Bar). Upon motion made by Hadley, seconded by Steinburg and carried, the Finance Officer was directed to publish notice of hearing on the following applications, said hearings to be held on Monday, March 4, 2002: 8. Derby Advertising, Inc. dba Canyon Lake Chophouse, 2720 Chapel Lane, for an Off- Sale Liquor License (New License No Video Lottery) 9. D&S Time Square Casino, Inc. dba Time Square Casino, 355 Eleventh Street, for an On-Off Sale Malt Beverage License Transfer (from 2004, Inc.-same location) 3

4 Other Motion was made by Hadley, seconded by Waugh and carried to authorize consumption of alcoholic beverages at The Journey Museum on March 16, Consent Calendar The following items were removed from the Consent Calendar: 28. Grant an exception to the Street Criteria Manual to allow for a thirty-foot driveway at 5315 Carriage Hills Drive. 29. Grant an exception to the Street Criteria Manual to allow for a thirty-foot driveway at 1706 Pevans Parkway. Motion was made by Hanks, seconded by Hadley and carried to approve the following items as they appear on the Consent Calendar: Set for Hearing (March 4, 2002) 11. No. 00UR025 - Section 24, T2N, R7E - A request by Sara and Blair Anhorn to consider an application for a Review and Renewal of a Use on Review to allow a Child Care Center on the south feet of Lot C of the SW1/4 of the SE1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, SD, located at 2710 North Haines Avenue. 12. No. 01PD061 - Chapel Lane Village -A request by Patrick D. Coady to consider an application for a Major Amendment to a Planned Residential Development to allow a 0 foot front yard setback for the existing deck from the east property line, to allow a 4 foot front yard setback for the existing residence from the east property line, to allow a 1 foot front yard setback for the proposed garage from the east property line, to allow a 6 foot front yard setback for the proposed garage from the north property line, to allow a 16.3 foot front yard setback for the existing residence from the west property line, to allow a 12.4 foot rear yard setback for the existing residence from the south property line and to allow for 32.5% lot coverage on Lot 2P, Block 2, Chapel Lane Village, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3054 Lodgepole Place. 13. No. 02PD001 - Fountain View - A request by Lyle Henriksen to consider an application for a Planned Residential Development - Initial and Final Development Plan on Tract A and Tract B, Fountain View Subdivision, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Harmony Heights Lane. 14. No. 02PD002 - Northern Heights - A request by Dean Kelly Construction for Atonement Lutheran Church to consider an application for a Planned Residential Development - Initial and Final Development Plan on Lot 1 of Lot A, Block 6, Northern Heights Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 522 Anamosa Street. 15. No. 02PD003 - Wise's Addition - A request by Thurston Design Group, LLC for Youth and Family Services to consider an application for a Major Amendment to a Planned Commercial Development on the east 26' of Lot 2 of Block 21, Lot 3 Revised and Lot 4 Revised of Block 6, Wise's Addition, located in the SW1/4 of the NW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 120 East Adams Street and 202 East Adams Street. Set for Hearing (March 18, 2002) 16. No. 02VR002 - A request by Thurston Design Group for Rapid City Arts Council for a Vacation of Right of Way on the alley adjacent to Lots 1-5 and Lots 28-32, Block 103 Original Town of Rapid City located in the NW1/4 of the NW1/4 of Section 1, T1N, R7E, BHM, Rapid City, Pennington County, SD, located at 713 Seventh Street. 4

5 Public Works Committee Items 17. No. PW Approve Change Order No. 01 for PR , Roosevelt Park Ice Arena Project to RCS Construction for an increase of $30, No. PW Authorize staff to advertise for bids PL , Sixth and Main Street Parking Lot Overlay and Landscape Project. 19. No. PW Authorize staff to advertise for bids PM , 2002 Roadway Marking Contract Project. 20. No. PW Authorize staff to advertise for bids PM , Taped Pavement Marking Contract Project. 21. Authorize staff to advertise for bids Portable Chemical Toilet Facilities for Various City Locations. 22. No. PW Authorize the Mayor and Finance Officer to sign Amendment No. 02 to Professional Service Agreement with Lund Associates to Design PR , Roosevelt Park Ice Arena Project for an amount not to exceed $8, No. PW Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with Traffic Engineering Services, Inc. to Conduct ST , 5 th Street/Omaha Intersection Study for an amount not to exceed $20, No. PW Authorize the Mayor and Finance Officer to sign South Dakota Department Of Transportation Amendment No. 02 to Agreement No for P- BRF 1746(02) PCEMS 4338, Canyon Lake Drive. 25. Deny a request from Todd Esquibel, 1216 Fulton Street sewer service line spot repair in Right-of-Way. 26. No. 02FV001 Approve with stipulations a Fence Height Variance for Mark Krenn for Western Wireless Corp. to allow a 9' fence in the front yard setback and to allow a 9' fence along the side and rear yard in the Public Zoning District on Lot 2 of Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Golden Eagle Drive and adjacent to old Marine Life. 27. No. PW Approve Request For Proposals for Tree Removal on City owned property at the east end of Orchard Lane (Rapid Valley). 30. No. PW Authorize Mayor and Finance Officer to Sign an Agreement with Harley F. and Adele M. Taylor for the purpose of constructing a water transmission main. Legal & Finance Committee 31. No. LF Approve Resolution Dissolving Tax Increment District Number Twenty-Seven. A RESOLUTION DISSOLVING TAX INCREMENT DISTRICT NUMBER TWENTY-SEVEN WHEREAS the City of Rapid City created Tax Increment District Number Twenty- Seven on June 6, 1994; and, WHEREAS all expenditures have been made in accordance with the adopted amended project plan for Tax Increment District Number Twenty-Seven adopted on June 6, 1994; and, WHEREAS the City Council of the City of Rapid City is authorized to dissolve this Tax Increment District pursuant to SDCL NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that Tax Increment District Number Twenty-Seven be, and the same hereby is, dissolved. BE IT FURTHER RESOLVED that any funds which have accrued to the Tax Increment District Number Twenty-Seven, pursuant to SDCL , be distributed as provided by SDCL

6 Dated this 18th day of February, ATTEST: s/ James F. Preston Finance Officer (SEAL) THE CITY OF RAPID CITY s/ Jerry Munson, Mayor 32. No. LF Authorize Staff to Advertise for Bids for 10 Rapid Transit Bus Shelters. 33. No. LF Approve Resolution Writing Off Uncollectible Accounts Receivable Accounts. RESOLUTION WRITING OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE ACCOUNTS WHEREAS the City Finance Office has determined that certain accounts receivable accounts, shown on Appendix A, and totaling $ are uncollectible, and WHEREAS it is necessary to relieve the accounts receivable of the City of Rapid City for these accounts NOW, THEREFORE, BE IT RESOLVED that the City Finance Officer be directed to remove such accounts of the City, said accounts being detailed in the official files of the Finance Office. Dated this 18th day of February, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jerry Munson, Mayor 34. No. LF Approve Resolution Declaring Property Surplus. RESOLUTION DECLARING PROPERTY SURPLUS WHEREAS the below-described property is no longer necessary, useful or suitable for municipal purposes NOW, THEREFORE, BE IT RESOLVED that the following property be declared surplus and disposed of according to state statutes, including disposal, sale, transfer to other government agency, or trade-in on new equipment: Parks Department 1992 Jacobson high capacity mower, SN Solid Waste Division Gardner Denver Stationary GE Air Compressor, Inv. No BE IT FURTHER RESOLVED that the Mayor and Finance Officer may do all acts necessary to dispose of this property according to state law. Dated this 18th day of February,

7 ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jerry Munson, Mayor 35. No. LF Approve Agreement with National American University to Provide Supervision Training for an Amount not to Exceed $2,300 for Basic Supervision and $2,400 for Advanced Supervision. 36. No. LF Authorize Mayor and Finance Officer to Sign Amendment to Professional Service Agreement with Golf Professional Tracy Hamblett III relative to facility rent. 37. No. LF Approve Resolution Authorizing the City of Presidents Foundation to Place Presidential Statues in the Downtown Area. RESOLUTION AUTHORIZING THE CITY OF PRESIDENTS FOUNDATION TO PLACE PRESIDENTIAL STATUES IN THE DOWNTOWN AREA WHEREAS the City of Rapid City has recently repealed section of the Rapid City Municipal Code pertaining to the public art committee; and WHEREAS the City of Rapid City previously approved the City of Presidents Foundation s proposal to place presidential statues in the downtown area of Rapid City; and WHEREAS the City of Rapid City wishes to re-affirm its continuing approval of the placement of presidential statues in the downtown area by the City of Presidents Foundation; NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the City of Rapid City hereby approves the location and placement of the eight statues that have been completed and placed in the downtown area of the City of Rapid City; BE IT FURTHER RESOLVED that the Common Council hereby approves the procedure of the City of Presidents Foundation in its continuing effort to cast and place additional presidential statues in the downtown area. Adopted this 18th day of February, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jerry Munson, Mayor 38. No. LF Approve the Following Abatement: Marty J. Jackley, 2001, $ Approve the following Licenses: Commercial Refuse Collector: Fish Garbage Services; House Mover: Geoff Hooper, Dakota Hills Housemoving; Mechanical Apprentice: Mark Bradley, Jerry Bryant, Jeff Falk, Ronald E. Glasscock, Jeff Gorr, Daniel I. Hartman, Catherine Little, Wayne Sartorius, James Witte, Rodney Witte; Mechanical Installer: Brian Beman, Mark L. Chilstrom, James B. Copeland, Al Cornella, Scott Cornella, Glenn Delabarre, David Eccleston, Kent Eccleston, James H. Everton, Troy Finck, Theodore L. Foskett, Ernest Kouba, Jef Mattern, Michael J. Ogren, Richard J. Reif, Mark Sandgren, Shannon J. Sailer, Tim Scholl, Mark R. Thomas, Boyd Thompson, Joseph A. Trusty, William E. Willard, Jason Wold; 7

8 Mechanical Contractor: S. R. Anderson, Anderson Heating and Air Conditioning; Dennis Corcoran, Tessier's, Inc.; Al Cornella, Al Cornella Refrigeration; Roland W. Fielder, Mike's Mobile Home Service; Keith Gade, Black Hills Power & Light Co.; Wayne D. Gutzmer, Gutzmer Mechanical; Charles "Buzz" Hammerquist, B & H Heating; Irvin Hartman, Wolff's Plumbing & Heating; Scott E. Larson, AccuTemp Heating & A/C; Dave J. McCarthy, McCarthy Services; Larry L. Olson, Olson Plumbing & Heating; Wesley Scholl, Scholl Plumbing & Heating, Inc.; Brian Staton, Advanced Heating & Air Conditioning; Steven M. Street, Street Heating & Sheet Metal; Richard D. Trapp, Black Hills Power & Light Co.; Mobile Home Court: NWE Management, Darrell Borg; Plumbing Contractor: Darrell Barry; C & G Mechanical, Grover F. Jamison; Residential Contractor: Eugene M. Britton, Gene's Carpentry & Home Repair; Kevin & Tracey Fischer, Kevin Fischer Homes, Inc.; Bill Freytag; Dave Freytag; David L. Rietveld, Dave Rietveld Construction; Marlin L. White, White Mountain Craftsman; Sign Contractor: A-1 Construction, Inc., Curtis W. Smith & Vaughn Smith; Flat Earth Sign Co., Tim Peterson; Gordon Sign, Robert Monger. 40. No. LF Request that the Mayor re-appoint the adult-oriented business committee. 41. No. LF Approve Appointment of Mike Theis, Rod Gunn, and Perry Van De Steeg to the Trenching Board. 42. No. LF Approve Appointment of Kathy LaForest, Scott Backens, Dave Kurtz, Doug Puetz, Tom Collings, Margo Burton, Shelly Shock, and Brian Gosch to Mayor's Committee on Disabilities. 43. Approve Appointment of Dave Nobel, Tim Kretschmar, Ted Wolk, Bill Waugh, George Brown, Mike Sanborn, Pat Vital, and Barb Collins to the ad-hoc Golf Operations Assessment Committee. Raffle 44. No. CC Notification of Intent to Conduct Raffle from Youth & Family Services Center Based Head Start Parent Association, beginning on March 1, 2002 End of Consent Calendar The next item before the Council was a request to grant an exception to the Street Criteria Manual to allow for a thirty-foot driveway at 5315 Carriage Hills Drive. Motion was made by Kroeger and seconded by Hanks to grant the exception for a thirty foot driveway at 5315 Carriage Hills Drive. Upon vote being taken, the motion carried with Kriebel voting no. The next item considered by the Council was a request to grant an exception to the Street Criteria Manual to allow for a thirty-foot driveway at 1706 Pevans Parkway. Alderman Kriebel read a letter submitted by Dr. Ries outlining the reasons for his request for a 45 foot driveway which include the topography of the property and the lack of on-street parking. Motion was made by Hanks and seconded by Waugh to grant a thirty-foot driveway at 1706 Pevans Parkway. Upon vote being taken, the motion carried with Kriebel voting no. Public Hearing The Mayor announced that the meeting was open for consideration of the assessment roll for Miscellaneous Property Cleanup. Notices were mailed to affected property owners on January 22, 2002 and published in the Rapid City Journal on February 11, No oral or written comments were submitted. The following Resolution was introduced, read and Kroeger moved its adoption: RESOLUTION LEVYING ASSESSMENT FOR CLEANUP OF MISCELLANEOUS PROPERTIES 8

9 BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The City Council has made all investigations which it deems necessary and has found and determined that the amount which each lot or tract shall be benefited by the property clean-up is the amount stated in the proposed assessment roll. 2. The assessment roll for Miscellaneous Property Cleanup is hereby approved and assessments thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the filing of the assessment roll in the Office of the Finance Officer shall be collected by the City Finance Office in accordance with the procedure in Section to of the South Dakota Compiled Laws of 1967, as amended, and shall be payable in one annual installment bearing interest at the rate not to exceed nine percent (9%). Dated this 18th day of February, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jerry Munson, Mayor The motion for adoption of the foregoing Resolution was seconded by Steinburg. The following voted AYE: Hanks, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. Planning Department Consent Items Motion was made by Kroeger, seconded by Hadley and carried to approve the following items in accordance with the recommendation contained in the City Council Packet: 46. No. 02AN001 Approve the request by City of Rapid City for a Petition for Annexation of Fairmont Boulevard right of way, formerly called Short Bull Street located east of SD Highway 79 and south of East St. Patrick Street. A RESOLUTIOIN ANNEXING THE WITHIN DESCRIBED TERRITORY WHEREAS a petition signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths in value of the within described territory, contiguous to the City of Rapid city, has been filed with the City of Rapid City; and WHEREAS the City Council of the City of Rapid City deems it for the best interest of the City that the within described territory be included within the corporate limits of the City and annexed thereto; NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the following territory, containing.79 acres, more or less, is hereby included within the corporate limits of the City and annexed thereto: Fairmont Boulevard right-of-way formerly known as Short Bull Street located in the SW1/4 of Section 8 and the NW1/4 of Section 17, T1N, R8E, BHM, Pennington County, south Dakota, containing.79 acres, more or less. 9

10 Dated this 18th day of February, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jerry Munson, Mayor 47. No. 00PL127 - A request by Dream Design, Inc. for Doyle Estes for a Preliminary & Final Plat on Tract B of Neff's Subdivision No. 4 located in the unplatted portion of the S1/2 NW1/4 SW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Race Track Road and Elk Vale Road. (CONTINUE TO MARCH 4, 2002) 48. No. 01PL054 - A request by Dream Design, Inc. for Big Sky LLC for a Final Plat Lots 1 and 2 of Block 13; Lots 2-5 of Block 14, and Dedicated Streets, Big Sky Subdivision, located in the SE1/4 NW1/4 and NE1/4 NW/14 of Section 3, T1N, R8E, B.H.M., Pennington County, South Dakota; excepting Lot 1 on Block 13 and Lot 1 in Block 14 of Big Sky Subdivision and Dedicated Public Rights of Way (Big Sky Drive and DeGeest Street), as shown on the plat filed in Plat Book 29, Page 154, located at the northern terminus of DeGeest Street. (CONTINUE TO MARCH 4, 2002) 49. No. 01PL089 - A request by Dream Design International for a Preliminary and Final Plat on Lots 7-9, Block 4; Lots 13-23, Block 6, Lot 6, Block 7; Lots 1-11, Block 8; Lots 1-2, Block 9 of Big Sky Subdivision and dedicated South Pitch Drive, Aurora Drive, Carl Avenue and major drainage easements located in NE1/4SE1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the current northern terminus of South Pitch Drive. (CONTINUE TO MARCH 4, 2002) 50. No. 01PL096 - A request by Gary Rasmusson for a Final Plat on Lots 31R through 35R, and Lots 40 through 42, of Block 11, and Lots 1R through 4R, and Lot 26 of Block 13, Robbinsdale Addition No. 8 (formerly Lots 31 through 35, and Lot 36 Rev. of Block 11, and Lots 1 through 4 of Block 13, of Robbinsdale Addition No. 8) Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Sitka Street and Hemlock Street. (CONTINUE TO MARCH 4, 2002) 51. No. 01PL097 - A request by Dream Design International for a Preliminary and Final Plat on Tract A and dedicated streets, Big Sky Subdivision - Phase VII located in the SE1/4 NW1/4 and the NE1/4 NW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1, Block 13 and Lot 1, Block 14 of Big Sky Subdivision and dedicated public rights of way (Big Sky Drive and Degeest Street), as shown on the plat filed in Plat Book 29, Page 154, also excepting Lots 1 and 2, Block 13 and Lots 2, 3, 4 and 5, Block 14 and dedicated public rights of way (Degeest St., Buddy Ct. and Homestead Ave.), located at the intersection of Degeest Street and Homestead Avenue. (CONTINUE TO MARCH 4, 2002) 52. No. 01PL102 - A request by Alliance of Architects for American West Communities for a Layout Plat on S1/2 of the NE1/4 and the SE1/4 except Bradeen Subdivision of Section 22 and NE1/4 Section 27, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Reservoir Road and South Side Drive. (CONTINUE TO MARCH 18, 2002) 53. No. 01PL103 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1-6, Block 1; Lots 1-5, Block 2; and Lots 1-9, Block 3 of Enchanted Pines Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South 10

11 Dakota, located at the northern terminus of Enchanted Pines Drive. (CONTINUE TO MARCH 4, 2002) 54. No. 01PL110 - A request by Fisk Land Surveying for Dakota Land Development for a Preliminary and Final Plat on Lots 1-7, Vista Lake Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Jackson Boulevard/Highway 44 west north of the Fish Hatchery. (CONTINUE TO MARCH 4, 2002) 55. No. 01PL118 - A request by Dream Design International for a Preliminary and Final Plat on Lots 5-11, Block 6, Red Rock Estates - Phase 3A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Sheridan Lake Road - Red Rock Estates Subdivision. (CONTINUE TO MARCH 4, 2002) 56. No. 01PL122 - A request by Dream Design International for a Final Plat on Lots 7-9, Block 7 and Lots 4-6, Block 8 and Lot 1, Block 9 and Lot 1, Block 10 and Lots 1-38, Block 11 and Lots 1-13, Block 12 and Lots 1-5, Block 13 and Lots 1-6, Block 14 and Lot P and Outlot G and dedicated streets, Red Rock Estates, located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota on a portion of Tract 1 of the Red Ridge Ranch and the unplatted portion of SW1/4 and the unplatted portion of NW1/4 and the unplatted portion of the W1/2 NE1/4 all in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Sheridan Lake Road. (APPROVE THE PRELIMINARY PLAT with the following stipulations, and continue the final plat until March 4, 2002: 1) Prior to City Council approval of the Preliminary Plat, revised construction plans and design reports for the required subdivision improvements shall be submitted and the red lined initial submittal documents returned. No construction of improvements shall be initiated prior to approval of the construction plans; 2) Prior to City Council approval of the Preliminary Plat, a revised sewer plan shall be submitted for review and approval. In particular, the revised plan shall address the sewer basin service area and sewer main sizing. In addition, revisions to the master sewer plan shall be submitted for review and approval showing the sewer system layout and the future extensions to the north, west, east and south of the subject property; 3) Prior to City Council approval of the Final Plat, a utility easement shall be recorded at the Register of Deed s Office granting a utility easement for the sewer line. In particular, the utility easement shall include that portion of the sewer line to be located on the unplatted balance of the property. In addition, an access easement shall be recorded at the Register of Deed s Office to allow access to the sewer line; 4) Prior to City Council approval of the Preliminary Plat, revisions to the master water plan shall be submitted for review and approval showing the water system layout including the transmission main extending to Sheridan Lake Road and the proposed upper storage reservoir. 5) Prior to City Council approval of the Final Plat, a utility easement shall be recorded at the Register of Deed s Office to allow a reservoir to be located in the southwest corner of the subject property. In addition, a Memorandum of Understanding shall be signed by the applicant identifying when utility easement(s) shall be recorded at the Register of Deed's Office for the future water transmission line from the Red Rock Estates to Sheridan Lake Road, to the proposed upper storage reservoir lot and for the site of the future upper storage. 6) Prior to City Council approval of the Preliminary Plat, calculations, reports and/or other information to document the extent of necessary drainage improvements, including detention facilities, necessary to manage storm runoff from the subdivision shall be submitted for review and approval. In addition, a drainage plan addressing the design of all drainage components shall be submitted for review and approval; 7) A Special Exception shall hereby be granted to allow a 750 foot and a 900 foot long cul-de-sac, respectively, in lieu of the maximum 500 foot long cul-de-sac length required by the Street Design Criteria Manual with the stipulation that prior to City Council approval of the Final Plat, the applicant shall enter into a covenant (with the City) running with the property 11

12 requiring that all residence(s) located beyond 500 feet to be sprinkled; 8) Prior to City Council approval of the Final Plat, a Variance to the Subdivision Regulations shall be obtained to allow the lot length to be greater than twice the lot width, or the plat shall be revised to comply with the length to width requirement; 9) Prior to City Council approval of the Final Plat, a subdivision estimate form shall be submitted for review and approval; and, 10) Prior to City Council approval of the Final Plat, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fee shall be paid.) 57. No. 01PL123 - A request by Rice Valley View Properties for a Preliminary and Final Plat on Lot 6A of Lot 6 of the Rice Valley View Properties Addition, located in Section 6, T1N, R8E, BHM in the City of Rapid City, Pennington County, South Dakota, on Lot 6 of Rice Valley View Properties, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1033 Omaha Street. (CONTINUE TO MARCH 4, 2002) 58. No. 01PL124 - A request by Doug Sperlich for Orthopedic Building Partnership for a Preliminary and Final Plat on Lot 4; and Physician Drive right-of-way, Old Rodeo Subdivision, Located in the NW1/4 of the SW1/4, and in the NE1/4 of the SW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot 1 of Old Rodeo Subdivision), located east of U.S. Highway 16, at the current northern terminus of Physician Drive. (CONTINUE TO MARCH 4, 2002) 59. No. 01PL127 - A request by Doug Sperlich for Jeff Stone for a Preliminary Plat on Lots 1, 2 and 3 of Block 1 of Sunset Heights Subdivision, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, SW1/4 SE1/4, less Broadmoor Subdivision, less Block 1 of Broadmoor Southwest & less Mountain Shadows Subdivision, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Broadmoor Drive. (CONTINUE TO MARCH 18, 2002) 60. No. 02PL003 - A request by Dream Design International, Inc. for a Layout Plat in the SE1/4 NE1/4 & W1/2 SE1/4 of Section 14, T2N, R7E BHM, Pennington County, South Dakota; and NE1/4 NE1/4 of Section 23, T2N, R7E, BHM Pennington County, South Dakota; and SW1/4 NW/14, less Haines Avenue Right of Way and NW1/4 SW1/4 Section 13, T2N, R7E, BHM, Pennington County, South Dakota; and Lots 5 and 6 of Madison's Subdivision, in the City of Rapid City, as shown on the final plat recorded in Book 12 of Plats on Page 106, Pennington County Register of Deeds, located west of Haines Avenue. (CONTINUE TO MARCH 4, 2002) END OF PLANNING CONSENT CALENDAR The Mayor present No. 02PL004, a request by Michael Hanson for Patrick Hall for a Preliminary and Final Plat on Lot 23R of Ridge Park Subdivision #4 (formerly Lots 23, 24 and 34 of Ridge Park Subdivision #4) located in NW1/4 NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 23, 24, and 34 of Ridge Park Subdivision #4 located in NW1/4 NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast corner of the intersection of Flormann Street and Hyland Drive. Motion was made by Kroeger, seconded by Hanks and carried to approve the Resolution Approving Plat with the stipulation that the a Waiver of Right to Protest being signed prior to the plat being recorded. The Mayor presented No. 01PL084, a request by Richard O. Stahl for a Preliminary and Final Plat on Lots 1-5 of Stahl Victorian Addition (formerly Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition) of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, 12

13 Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street. Stahl stated that he is meeting with his bank tomorrow to resolve the issue of surety. Motion was made by Kroeger, seconded by Kriebel and carried to continue this item until March 4, Planning Department Hearings The Mayor presented No. 01PD047, a request by Richard O. Stahl for a Planned Residential Development - Final Development Plan on Lots 1-5 of Stahl Victorian Addition (formerly Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition) of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street. Motion was made by Kroeger, seconded by Waugh and carried to continue this hearing until March 4, The Mayor presented No. 01PD052, a request by Dream Design International, Inc. for a Planned Residential Development - Initial and Final Development Plan on the S1/2 NW1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive. Motion was made by Kroeger, seconded by Waugh and carried to continue this hearing until March 4, The Mayor presented No. 01PD060, a request by Dream Design International for an Initial and Final Development Plan - Planned Residential Development on the following property: a parcel of land located in SW1/4 NE1/4 of Section 29, T1N, R7E, BHM, City of Rapid City, Pennington County, South Dakota, being more particularly described as follows: Beginning at the Northeast Corner of Lot 1, Block 2 of Red Rock Estates as recorded with the Pennington County Register of Deeds in Book 29, Page 202; thence N14º58'00"W, feet to a point of curvature; thence northerly along the arc of said curve to the left whose radius is feet and whose delta angle is 12º33'13", an arc length of feet to a point on said curve; thence N37º19'06"W, feet to a point lying on a curve concave to the southwest and whose chord bears N47º10'58"W, feet; thence continuing along the arc of said curve to the left whose radius is feet and whose delta angle is 29º53'46", an arc length of feet to a point of tangency; thence N62º07'51"W, feet; thence N27º52'09"W, feet; thence N46º00'20"E, feet; thence N37º03'21"W, feet; thence N67º14'10"E, feet; thence S68º07'14"E, feet; thence S21º41'30"E, feet; thence S22º57'06"W, feet; thence S57º27'46"W, feet; thence S23º47'31"E, feet to the Northeast Corner of Lot 4A, Block 6 of Red Rock Estates as recorded with the Pennington County Register of Deeds in Book 30, Page 14; thence S75º02'00"W, along the north line of said Lot 4A a distance of feet to the Northwest Corner of said Lot 4A: thence S75º02'00"W, feet to the Point of Beginning containing acres, more or less, located west of Sheridan Lake Road - Red Rock Estates Subdivision. Motion was made by Kroeger, seconded by Waugh and carried to continue this hearing until March 4, The Mayor presented No. 01PD064, a request by Bryan K. Gonzales for Pride Neon, Inc. for a Major Amendment to a Planned Commercial Development to revise the sign package on Lot 2 Revised of Blocks 14-15, South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 640 Flormann Street. Motion was made by Kroeger, seconded by Rodriguez and carried to continue this hearing until March 18, The Mayor presented No. 01PD065, a request by Fisk Land Surveying for Dakota Land Development for a Initial and Final Development Plan - Planned Residential Development on Lot 1 of Lot F-1 of Fish Hatchery Subdivision and the north feet of Lot F-1 of Fish Hatchery Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Jackson Boulevard/Highway 44 west north of the Fish 13

14 Hatchery. Motion was made by Kroeger, seconded by Murphy and carried to continue this hearing until March 4, The Mayor presented No. 01SV026, a request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement for water, sewer, paving, curb, gutter, sidewalks, and street light conduit and to allow lots more than twice as long as they are wide on the S1/2 NW1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive. Motion was made by Kroeger, seconded by Hanks and carried to continue this hearing until March 4, The Mayor presented No. 01SV031, a request by Alliance of Architects for American West Communities for a Variance to the Subdivision Regulations to waive the requirement for curb and gutter, dry sewer, street conduit and to allow sidewalk on one side of the street on the S1/2 of the NE1/4 and the SE1/4 except Bradeen Subdivision of Section 22 and NE1/4 Section 27, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Reservoir Road and South Side Drive. Motion was made by Kroeger, seconded by Hanks and carried to continue this hearing until March 18, The Mayor presented No. 02SV001, a request by Fisk Land Surveying for Dakota Land Development for a Variance to the Subdivision Regulations to allow sidewalks on one side of the street on Feather Ridge Court and to waive the requirement to install sidewalk, curb and gutter, street light conduit, dry sewer and water on the access easement on Lot 1 of Lot F-1 of Fish Hatchery Subdivision and the north feet of Lot F-1 of Fish Hatchery Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Jackson Boulevard/Highway 44 west north of the Fish Hatchery. Motion was made by Kroeger, seconded by Hanks and carried to continue this hearing until March 4, The Mayor presented No. 02SV003, a request by Michael Hanson for Patrick Hall for a Variance to Subdivision Regulations to waive the requirement to install curb, sidewalk, street light, dry sewer, and water on Lots 23, 24, and 34 of Ridge Park Subdivision #4 located in NW1/4 NE 1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast corner of the intersection of Flormann Street and Hyland Drive. Motion was made by Kroeger, seconded by Hanks and carried to approve the Variance with the stipulation that the plat not be filed until a Waiver of Right to Protest an Assessment District is signed. The Mayor presented No. 01UR032, a request by Dream Design International, Inc. for a Use On Review to allow a utility substation in the Low Density Residential Zoning District on the NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the current northern terminus of Muirfield Drive. Motion was made by Kroeger, seconded by Hanks and carried to continue this hearing until March 4, The Mayor presented No. 01UR037, a request by Anne Devlin for a Use On Review for a Child Care Center on Lot 2 less W250', Nicholl's Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1241 E. St. Joseph Street. Motion was made by Kroeger, seconded by Hanks and carried to acknowledge the applicant s withdrawal of this item. The Mayor presented No. 01UR058, a request by Cornerstone Rescue Mission for a Use On Review to allow the outdoor sales and storage of firewood in the General Commercial Zoning District on Lot and vacated east 10 feet of 1st Street Adjacent to Lot 16, Block 80, Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 400 1st Street. Motion was made by Kroeger, seconded by Hanks and carried to continue this hearing until March 4,

15 The Mayor presented No. 01UR060, a request by Dream Design International for a Use On Review to allow a utility substation in the Low Density Residential District on the NE1/4 SW1/4 Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Prestwick Road north of Countryside Subdivision. Motion was made by Kroeger, seconded by Rodriguez and carried to continue this hearing until March 4, The Mayor presented No. 02UR002, a request by Dream Design International, Inc. to consider an application for a Conditional Use Permit to allow for a golf course with club house, pump house, irrigation facilities and maintenance facility, on the following property: A parcel of land located in Section 29, T1N, R7E, BHM, City of Rapid City, County of Pennington, State of South Dakota described by metes and bounds as follows: beginning at the center of said Section 29; thence S41 36'22"W, feet to the true point of beginning; thence N75 38'30"E, feet; thence N60 57'28"E, feet; thence N74 08'44"E, feet to a point lying on a curve concave to the southwest and whose chord bears S45 01'42"E, feet; thence southeasterly along the arc of said curve to the left whose radius is feet and whose delta is 18 06'38", an arc length of feet to a point of reversed curvature; thence southeasterly along the arc of said curve to the right whose radius is feet and whose delta is 42 31'26", an arc length of feet to a point of tangency; thence S11 33'36"E, feet; thence N78 23'21"W, feet; thence N W, feet; thence N W, feet; thence N W, feet; thence N89 57'50"W, feet; thence S35 21'41"W, feet; thence N W, feet; thence N W, feet; thence N E, feet; thence N39 58'00"W, feet; thence N50 02'00"E, feet; thence S E, feet; thence N E, feet to the true point of beginning containing acres more or less; a parcel of land located in Section 29, T1N, R7E, BHM, City of Rapid City, County of Pennington, State of South Dakota described by metes and bounds as follows: beginning at the center of Section 29, thence N13 46'17"W, feet to the true point of beginning; thence S36 49'13"E, feet; thence S38 00'41"E, feet; thence S50 02'00"W, feet; thence N36 45'27"W, feet; thence S53 54'29"W, feet; thence N26 01'35"W, feet; thence N89 58'00"W, feet; thence S21 27'02"W, feet; thence N68 32'58"W, feet to a point of curvature; thence westerly along the arc of said curve to the left whose radius is feet and whose delta is 40 50'33", an arc length of feet to a point on said curve; thence N33 31'59"W, feet; thence N89 58'00"W, feet; thence N75 25'26"W, feet; thence N56 20'40"W, feet; thence N33 55'47"W, feet; thence N11 30'53"W, feet; thence N00 18'26"W, feet to a point lying on a curve concave to the north and whose chord bears N75 29'39"E, feet; thence easterly along the arc of said curve to the left whose radius is feet and whose delta is 27 35'26", an arc length of feet to a point of tangency; thence N61 41'56"E, feet; thence S48 40'58"E, feet; thence S89 58'00"E, feet; thence S70 46'42"E, feet; thence S85 49'25"E, feet; thence N86 23'14"E, feet; thence N34 02'00"E, feet; thence N47 01'41"E, feet; thence N34 02'00"E, feet; thence N44 49'19"E, feet; thence N67 23'42"E, feet; thence N22 36'18"W, feet; thence N67 23'42"E, feet; thence S22 36'18"E, feet; thence N67 23'42"E, feet; thence N11 30'24"W, feet; thence N78 29'36"E, feet to a point of curvature; thence easterly along the arc of said curve to the right whose radius is feet and whose delta is 39 22'32", an arc length of feet to a point of tangency; thence S62 07'51"E, feet point of curvature; thence southeasterly along the arc of said curve to the right whose radius is feet and whose delta is 47 09'51", an arc length of feet to a point of tangency; thence S14 58'00"E, feet; thence N88 05'42"W, feet; thence S00 19'04"W, feet; thence S76 05'40"W, feet; thence S60 02'00"W, feet to the true point of beginning containing acres more or less; a parcel of land located in Section 29, T1N, R7E, BHM, City of Rapid City, County of Pennington, State of South Dakota, described by metes and bounds as follows: beginning at the northeast corner of Section 29, thence N89 59'29"W, feet to the true point of beginning; thence S00 00'25"W, feet; thence N89 59'37"E, feet; thence S36 59'17"E,

16 feet; thence N69 48'41"E, feet; thence S00 14'09"E, feet; thence S89 45'51"W, feet; thence N00 14'09"W, feet; thence N45 58'18"W, feet; thence S86 19'21"W, feet; thence S20 02'00"W, feet; thence S14 06'58"W, feet; thence S22 18'23"E, feet; thence S62 06'49"E, feet; thence N27 38'46"E, feet; thence N10 24'13"E, feet; thence N00 14'09"W, feet; thence N89 45'51"E, feet; thence S00 14'09"E, feet; thence S80 14'09"E, feet; thence S80 14'09"E, feet; thence S80 50'32"W, feet; thence S27 30'27"W, feet; thence N75 07'30"W, feet; thence N35 42'16"W, feet; thence N82 22'30"W, feet; thence S53 17'01"W, feet lying on a curve concave to the southwest and whose chord bears N49 25'37"W, feet; thence northwesterly along the arc of said curve to the left whose radius is feet and whose delta is 09 18'48", an arc length of feet to a point of reversed curvature; thence northerly along the arc of said curve to the right whose radius is feet and whose delta is 39 07'01", an arc length of feet to a point on said curve; thence N75 02'00"E, feet; thence N14 58'00"W, feet; thence N23 47'31"W, feet; thence N57 27'46"E, feet; thence N22 57'06"E, feet; thence N21 41'30"W, feet; thence N68 07'14"W, feet; thence S67 14'10"W, feet; thence S37 43'48"W, feet; thence S45 59'12"W, feet; thence N62 07'51"W, feet to a point of curvature; thence westerly along the arc of said curve to the left whose radius is feet and whose delta is 26 53'36", an arc length of feet to a point on said curve; thence N48 34'56"E, feet; thence N05 29'36"E, feet to a point of curvature; thence northerly along the arc of said curve to the left whose radius is feet and whose delta is 11 47'37", an arc length of feet to a point on said curve; thence S83 41'59"W, feet; thence S75 26'05"W, feet; thence S67 23'42"W, feet; thence S22 36'18"E, feet; thence S67 23'42"W, feet; thence N22 36'18"W, feet; thence N78 20'24"W, feet; thence S46 26'33"W, feet; thence S65 13'50"W, feet; thence S00 18'26"E, feet; thence S89 58'00"E, feet; thence S23 36'19"E, feet; thence S11 43'15"W, feet; thence S44 27'01"W, feet; thence S28 18'04"E, feet; thence S61 41'56"W, feet to a point of curvature; thence westerly along the arc of said curve to the right whose radius is f feet and whose delta angle is 26 36'29", an arc length of feet to a point on said curve; thence N00 18'26"W, feet; thence N40 11'06"E, feet; thence N00 18'26"W, feet; thence S89 41'34"W, feet; thence N00 18'26"W, feet; thence N89 41'34"E, feet; thence N11 26'25"W, feet; thence N00 18'26"W, feet; thence N73 26'56"W, feet; to a point lying on a curve concave to the southeast and whose chord bears N35 11'50"E, feet; thence northerly along the arc of said curve to the right whose radius is feet and whose delta is 70 30'31", an arc length of feet to a point on said curve; thence S19 17'53"E, feet; thence S84 34'51"E, feet; thence S42 07'06"E, feet; thence S78 55'58"E, feet; thence N48 08'07"E, feet; thence S89 58'30"E, feet; thence S84 36'27"E, feet; thence S71 13'04"E, feet; thence N51 56'05"E, feet; thence N21 20'29"W, feet; thence N81 50'43"W, feet to a point lying on a curve concave to the west and whose chord bears N04 04'58"E, feet; thence northerly along the arc of said curve to the left whose radius is feet and whose delta is 08 08'38", an arc length of feet to a point of tangency; thence N00 00'39"E, feet; thence S89 56'23"E, feet; thence S89 59'55"E, feet; thence S89 59'29"E, feet to the true point of beginning containing acres more or less; and, a parcel of land located in Section 29, T1N, R7E, BHM, City of Rapid City, County of Pennington, State of South Dakota described by metes and bounds as follows: beginning at the northwest corner of Section 29, thence S89 56'23"E, feet; thence S00 00'39"W, feet to a point of curvature; thence southerly along the arc of said curve to the right whose radius is feet and whose delta is 21 21'18", an arc length of feet to a point on said curve; thence N68 38'03"W, feet; thence S42 44'25"W, feet; thence S88 50'49"W, feet; thence S85 24'59"W, feet; thence N74 24'46"W, feet; thence N79 54'55"W, feet; thence S79 09'58"W, feet; thence S19 17'53"E, feet to a point lying on a 16